Can I Move Out of Vermont with My Child if I Have Primary Custody?
May 16, 2022

Oftentimes, families relocate to improve their quality of life. If your family is split following a separation, however, the family “left behind” may not feel quite so positive about the change. So, can you actually move out of the state if your co-parent remains in Vermont?

 

If you have primary custody of your child in Vermont, you are typically free to relocate without court approval, so long as your move does not significantly impact the other parent’s child contact time. Most moves within the state fall into this category, though there has been recent case law that suggests such a move may not be approved if the child has special needs. To this effect, it is important to keep the child’s best interests at heart.

 

Special circumstances aside, if your move would impact the noncustodial parent’s ability to see their child, or if the move would affect a custody arrangement previously approved by the court, you may request to have the arrangement modified. To do this successfully, you would need to show that the move is a substantial and unanticipated change, and that your proposed modification to the custody arrangement would better serve the child.

 

How Do Courts Decide on Modification Requests?

 

To determine whether to approve your proposed modification, the courts will weigh several factors. These factors are found in the Vermont statute governing child custody, and include items such as:


  • The relationship of the child with each parent, and the ability of each to provide love and guidance to the child;
  • The impact the change would have on the child;
  • The ability of each parent to encourage a relationship between the child and the other parent, including fostering frequent contact; and
  • The ability of the parents to communicate, and make joint decisions concerning the child.

 

This is not an exhaustive list of factors the courts will consider, but are the ones most likely to be impacted by a move.

Considerations in Vermont Custody Modifications

 

The first factor is important in establishing that your move is, overall, being made with your child’s best interests in mind. The court may also want to hear from older children to determine the quality of their relationships with each parent.

 

The second factor means that you must show how you are mitigating the difficulties with

adjusting following a move. For children, moving means leaving behind their schools and teams, their friends, and possibly other family members.

 

The third factor may be the most affected by a long-distance move. How can you ensure that your child will have regular contact with the other parent? Keep in mind that you are required to bring your child to all instances of court ordered parent-child contact, and not doing so can be a crime.

 

The final factor listed is equally as important. While you may have primary custody of your child, you are still required to keep your co-parent apprised of your child’s well-being, and to communicate with them for a variety of reasons. If you have a total breakdown in communication, how can you ensure this factor is met? Distance may only make communication more difficult.

 

Contact Deppman Law PLC Today

 

Every family, every child, and every case is different. It is best to consult with an attorney experienced in Vermont family law before making any changes that could impact your custody arrangement, and the lives of your children. Contact Deppman Law PLC today at 802-388-6337 for a confidential consultation about your case.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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